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DOWELL v. STATE EX REL. DOTD

Nos. 33094-CW, 33095-CW.

750 So.2d 498 (2000)

Robert DOWELL, Sr., et al., Plaintiffs-Applicants, v. STATE of Louisiana through DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, et al., Defendants-Respondents. Debra Marie Bell on Behalf of the Estate of her minor child, Devon Dowell-Thomas, Plaintiffs-Applicants, v. Plaquemine Contracting Corp., et al., Defendants-Respondents.

Court of Appeal of Louisiana, Second Circuit.

February 1, 2000.

Attorney(s) appearing for the Case

Morrow, Morrow, Ryan & Bassett by Jeffrey M. Bassett, P. Craig Morrow, Jr., Opelousas, Counsel for Plaintiffs/Applicants, Robert Dowell, Sr., et al.

Joseph Greenwald, Shreveport, Counsel for Plaintiff/Applicant, Debra Marie Bell.

Richard P. Ieyoub, Attorney General, James R. Dawson, Assistant Attorney General, Counsel for Defendant/Respondent, State, DOTD.

Abrams & Lafargue by Julie M. La-Fargue, T. Clayton Simmons, Shreveport, Counsel for Defendant/Respondent, City of Shreveport.

Cook, Yancey, King & Galloway by Sidney E. Cook, Jr., Shreveport, Counsel for Defendant, Plaquemine Contracting.

Lunn, Irion, Johnson, Salley & Carlisle by Charles W. Salley, Shreveport, Counsel for Defendant, S.J. Entertainment, d/b/a Hamel's Amusement Park.

Atkinson, Perry, Atkinson & Balhoff by Joseph W. Mengis, John W. Perry, Jr., Baton Rouge, Counsel for Defendant, Construction Safety Products.

Before BROWN, WILLIAMS and GASKINS, JJ.

BROWN, J.,

In this action for damages arising out of a vehicular accident which occurred at a construction site, the trial court granted protective orders limiting plaintiffs' discovery efforts. At plaintiffs' request, we agreed to review that decision under our supervisory power. The question is whether the prohibition found in 23 U.S.C. § 409 against disclosure or use of information gathered to evaluate potential highway accident sites and hazardous roadways...

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